Close Terms

USER TERMS AND CONDITIONS

This User terms and conditions (“User Terms” or “Terms”) is between you (company/individual/firm/partnership/body corporate) (“User” or “You”) and Rosmerta Digital Services Private Limited, a company registered under the laws of India, having its registered office at Khasra No. 19/28, Kapashera, New Delhi - 110037 (“Company”). The User Terms are an electronic record pursuant to the provisions of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder and constitutes a legally binding agreement between the Users and the Company. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The User expressly agrees and acknowledges that it is bound by the User’s Terms as provided herein, in connection with User’s access, visit or use of the Portal for the availing the Services, in any manner. The User expressly agrees and acknowledges that the Company reserves the right to change, modify, amend, or update these User Terms, at its discretion, from time to time and such amended provisions of these User Terms shall be effective immediately upon being posted / uploaded on the Portal. The User can determine when the User Terms were last revised by referring to ‘Last Updated’ at the top of these User Terms. It is expressly agreed and acknowledged by the User that the continued use of the Portal by the User shall be deemed to signify the User’s acceptance of these provisions or amended provisions of these User Terms and it shall be the User’s responsibility to check these User Terms periodically for changes.

Unless the context otherwise requires, capitalized words and expressions mentioned in the body of these Terms shall have such meanings as assigned to them in the relevant clauses of these Terms wherever such capitalized words are appearing. These User Terms deal with the account creation on the Company’s web portal which is named and styled as ‘URJA’ (“Portal”) and subsequent provision of Services to the Users as envisaged under these Terms. These User Terms shall through the Portal and provide certain terms, guidelines and instructions to be complied with and followed by the User.

IN CASE YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON THE PLATFORM AND AVAILING ANY SERVICES ON THE PLATFORM.

This User Terms comes into effect when You register as a User and create an account on the Portal, or click on the “I Agree” box, and accept the Terms and conditions provided herein. By registering or clicking on the ‘I Agree’ box, You signify your absolute, irrevocable and unconditional consent to all the provisions of this User Terms in its entirety as contained herein.

  1. The Company through this Portal provides vehicle registration services to the Users, whether temporary or permanent, under the Motor Vehicles Act, 1988 and the rules framed thereunder and applying for subsidy claims with the Ministry of Heavy Industries (“MHI”) Portal under the Faster Adoption and Manufacturing of Electric Vehicles in India Phase II (“FAME-II Scheme”) (collectively referred to as the “Services”).
  2. In order to enable the Company to successfully perform the Services as envisaged herein, the Users shall create an account, register themselves on the Portal and upon the successful creation of account, start ‘creating orders’ on the Portal to enable the Company to provide its Services.
  3. You shall be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, laptops or other handheld devices to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details You provide us at the time of creating your account and registering on the Portal are correct, complete and inform us immediately of any changes to the information that You provided when registering.
  4. We will provide You with any help You may reasonably require to access the Portal but we shall not be responsible if You are unable to access any section of the Portal or the Services for any reason, whatsoever. We do not guarantee You access to the Portal at any and all times. We do not guarantee that while You are accessing the Portal, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms.
  5. In order to enable the Company to provide their Services, You shall submit your login ID and password for their VAHAN portal and the MHI portal (“Login Credentials”) and hereby authorise and grant Company the right to use your Login Credentials and access your VAHAN and MHI accounts, in order to perform the Services.
  6. You shall further submit all relevant documents for every order created on the Portal for the successful performance of our Services, as per the instructions available on the Portal and upload the requisite documents as listed herein below:
    a) Chassis Number of the Vehicle
    b) Invoice evidencing the sale of vehicle to the customer
    c) KYC documents like PAN (Mandatory) UID Aadhar card, election card, utility bill (address proof) and all or any documents required by the Company of the customers to ensure registration.
    d) Valid insurance documents of the customer. (Collectively referred to as “Customer Documents”)
    The above-mentioned list of Customer Documents is not exhaustive and merely indicative of the requirements that may arise in the course of registration. The User agrees to submit any and all documents requested by the Company in order to affect the registration process as per the requirement of additional documents for the fulfilment of Services or applicable laws.
  7. The User expressly agrees and acknowledges that the Company shall have the right to use the Customer Documents, Login Credentials and/or any other information provided by User through the Portal for the Company to provide its Services.
  8. The User understands and acknowledges that the Services shall only be provided by the Company upon the payments of the service fee, registration charges required to be paid to concerned authorities and applicable taxes on the Portal which shall be deducted from the Users’ digital wallet provided on the Portal upon the Users authorisation with respect to the deduction of such amounts against every order created on the Portal. The Company shall provide the User with the invoice and debit note on the Portal upon the successful performance of the Services.
  9. The User agrees and understands that the Company can only facilitate the Services successfully provided that all information provided by the User on the Platform are true, correct and accurate. In furtherance to the same, the User represents and warrants to the Company that; (a) they are duly registered on the VAHAN Portal and with the DHI in accordance with all relevant notifications/guidelines/orders issued by the regional transport authorities or under the FAME-II Scheme, (ii) Login Credentials provided by the User are accurate and complete and shall not be incorrect or false in any manner. The User also understands that login credentials may be subject to extra conditions like a One Time Password or other requirements, which the User shall provide on a need basis; (b) the Customer Documents provided by the Users are complete and accurate and the User has full authority and capacity to convey and disclose such documents to the Company; (c) the User shall assist in the execution, signing all relevant documents by the customers and handing over to the Company, which shall be procured by the Company from the regional transport authorities and any other concerned authorities in furtherance of the performance of the Services required; (d) the User has acquired express and informed consent of the customers for uploading the Customer Documents on the Platform, which may contain personal and sensitive personal data, and has obtained specific permission of the customers to share such customer data/customer documents with the Company and regulatory authorities; (e) that the vehicle for which the registration is sought is compliant with the Fame-II scheme or any other governmental requirement for the purposes of registration; (f) the User’s conduct shall not violate any order, decree, judgment, ruling, law, rule or regulation of any state; and (g) the Customer Documents must be submitted in the appropriate section at the time of creating an order on the Portal.
  10. The User expressly agrees, acknowledges and understands that the Portal does not allow submission of any of the following kind of information on the Portal and in this respect, the User agrees that it shall not submit or upload any content or information on the Portal in relation to the following:
    (a) the Customer Documents or any other information which the User does not have the lawful and rightful authority to submit on the Portal,
    (b) any obscene item or product or any item or product which contains an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
    (c) any item/product/content which is illegal, defamatory, libellous, threatening or abusive in nature.
  11. In relation to the submission of Customer documents the User agrees and undertakes to abide by the following terms and conditions:
    (a) The User may be required to provide certain information and particulars in addition to the Customer Documents and Login Credentials in accordance with applicable laws and rules for the performance of Services. The User agrees to submit any such information as and when required by the Company without demur or delay.
    (b) The User shall carefully submit the documents as per the instructions or guidelines which shall be available on the Portal at the time of submission of Customer Documents and / or Login Credentials. However, under certain circumstances the Users may be required to re-submit the documents in an event where the documents are completely illegible and/or there is important information missing or illegible on the document which shall delay or obstruct the registration process. Additionally, the Users undertakes to submit complete documents along with the scanned copies or pictures of the front and back of the documents or any such other requirements provided for on the Portal.
    (c) The Company reserves the right in its sole discretion to not use any Customer Documents/material information submitted to the Portal which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these User Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard.
    (d) The information provided by the User shall not be fraudulent, misrepresenting and / or misleading.
    (e) The Customer Documents or any other information submitted by the User shall not be in a nature which electronically transmits through any medium computer the viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data; and/or
  12. The User acknowledges and agrees that the Company shall not be, in any manner whatsoever, responsible and / or liable for any unsuccessful performance of Services for reason attributable to the User not having uploaded any vehicle or Customer Documents in accordance with the Terms contained herein or providing incorrect Login Credentials, misrepresentation of the representation and warranties contained herein or the User being in breach, default or non-compliance of these User Terms in any other manner whatsoever. The Company will use all documents and information provided to the Company on an “AS IS” basis and the Company is not required to check the veracity or correctness of the documents furnished by the User on the Portal. The User shall be solely responsible for any circumstances, consequences or liabilities arising out of the information and / or documents submitted by the User through the Portal.
  13. The User acknowledges and agrees that the Company shall not be, in any manner whatsoever, responsible and / or liable for any unsuccessful performance of Services for reason attributable to the User not having uploaded any vehicle or Customer Documents in accordance with the Terms contained herein or providing incorrect Login Credentials, misrepresentation of the representation and warranties contained herein or the User being in breach, default or non-compliance of these User Terms in any other manner whatsoever. The Company will use all documents and information provided to the Company on an “AS IS” basis and the Company is not required to check the veracity or correctness of the documents furnished by the User on the Portal. The User shall be solely responsible for any circumstances, consequences or liabilities arising out of the information and / or documents submitted by the User through the Portal.
  14. It is expressly clarified that the Company shall not be liable in any event that arises out of the User’s non-compliance with the representations provided by him/her in these Terms.
  15. The User understands and agrees that it shall be solely liable and the Company shall not be liable for any liability arising out of any customer grievance against the Company’s utilisation of the Customer Documents or any other grievance arising out the misrepresentation or for any loss or damage sustained by the User or any other person arising as a result of the User using the Services on the Portal.
  16. The User shall indemnify and hold harmless the Company, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Company due to or arising out of any breach, default or non-compliance of these User Terms.
  17. You agree that You will not interfere with, jeopardise, disrupt or harm the Portal and/or Services and that You will not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to You via the Platform and/or Services and, at all times, comply with the User Terms.
  18. If it is found that the User has violated any Terms of these User Terms or the submission of Customer Documents, Login Credentials or any other information is not in compliance with these User Terms / any other policy or guideline of the Portal, the Company shall reserve the right to remove or not use this information, in its sole discretion, may suspend the account of the User, block the User from using and accessing the Portal.

**********************